Kimmell v. Goehler

Opinion by

JARMAN, C.

This action was brought in the district court of Tillman county by George W. Goehler and Annie L. Goehler to recover the sum of $5,000, alleged to have been fraudulently retained by the defendants. Verdict was for the plaintiffs for $3,000, on which judgment-was rendered, and the defendants bring error.

The plaintiffs were the owners of 160 acres of land located in Tillman county, which they purchased from Alvin T. Clark, and Clark retained a one-half interest in the oil and mineral rights. The plaintiffs gave an oil and gas lease on 40 acres of .the land to O. E. Maple;…